BILL NUMBER: SB 6	CHAPTERED  09/29/99

	CHAPTER   579
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN SENATE   MAY 28, 1999
	AMENDED IN SENATE   APRIL 8, 1999

INTRODUCED BY   Senator Rainey
   (Coauthors:  Senators Knight and McPherson)
   (Coauthors:  Assembly Members Cunneen, Dickerson, House, Knox,
Kuehl, Leach, Longville, Margett, Robert Pacheco, Torlakson,
Washington, and Zettel)

                        DECEMBER 7, 1998

   An act to amend Sections 14205 and 14206 of the Penal Code,
relating to reports of missing persons.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 6, Rainey.  Reports of missing persons.
   Existing law imposes certain requirements on local police and
sheriff's departments relating to reports of missing persons, and
requires that if the missing person is under 12 years of age, or
there is evidence that the missing person is at risk, the local
department must broadcast a bulletin, in its jurisdiction, without
delay.  Existing law also provides that after July 1, 1995, these
requirements are only operative if the governing body of the local
agency adopts a resolution expressly making these requirements
operative.
   This bill would require instead that a bulletin be broadcast
without delay if the missing person is under 16 years of age.  It
would also delete the provision of existing law concerning the
adoption of a resolution, provide instead that the above requirements
would not be operative if the governing body of the local agency
adopts a resolution expressly making those requirements inoperative.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 14205 of the Penal Code is amended to read:
   14205.  (a) All local police and sheriffs' departments shall
accept any report, including any telephonic report, of a missing
person, including runaways, without delay and shall give priority to
the handling of these reports over the handling of reports relating
to crimes involving property.  In cases where the person making a
report of a missing person or runaway, contacts, including by
telephone, the California Highway Patrol, the California Highway
Patrol may take the report, and shall immediately advise the person
making the report of the name and telephone number of the police or
sheriff's department having jurisdiction of the residence address of
the missing person and of the name and telephone number of the police
or sheriff's department having jurisdiction of the place where the
person was last seen.  In cases of reports involving missing persons,
including, but not limited to, runaways, the local police or sheriff'
s department shall immediately take the report and make an assessment
of reasonable steps to be taken to locate the person.  If the
missing person is under 16 years of age, or there is evidence that
the person is at risk, the department shall broadcast a "Be On the
Look-Out" bulletin, without delay, within its jurisdiction.
   (b) If the person reported missing is under 16 years of age, or if
there is evidence that the person is at risk, the local police,
sheriff's department, or the California Highway Patrol shall submit
the report to the Attorney General's office within four hours after
accepting the report.  After the California Law Enforcement
Telecommunications System online missing person registry becomes
operational, the reports shall be submitted, within four hours after
accepting the report, to the Attorney General's office through the
use of the California Telecommunications System.
   (c) In cases where the report is taken by a department, other than
that of the city or county of residence of the missing person or
runaway, the department, or division of the California Highway Patrol
taking the report shall, without delay, and, in the case of children
under 16 years of age or where there was evidence that the missing
person was at risk, within no more than 24 hours, notify, and forward
a copy of the report to the police or sheriff's department or
departments having jurisdiction of the residence address of the
missing person or runaway and of the place where the person was last
seen.  The report shall also be submitted by the department or
division of the California Highway Patrol which took the report to
the center.
   (d) The requirements imposed by this section on local police and
sheriff's departments shall not be operative if the governing body of
that local agency, by a majority vote of the members of that body,
adopts a resolution expressly making those requirements inoperative.

  SEC. 2.  Section 14206 of the Penal Code is amended to read:
   14206.  (a) (1) When any person makes a report of a missing person
to a police department, sheriff's department, district attorney's
office, California Highway Patrol, or other law enforcement agency,
the report shall be given in person or by mail in a format acceptable
to the Attorney General.  That form shall include a statement
authorizing the release of the dental or skeletal X-rays, or both, of
the person reported missing and authorizing the release of a recent
photograph of a person reported missing who is under 18 years of age.
  Included with the form shall be instructions which state that if
the person reported missing is still missing 30 days after the report
is made, the release form signed by a member of the family or next
of kin of the missing person shall be taken by the family member or
next of kin to the dentist, physician and surgeon, or medical
facility in order to obtain the release of the dental or skeletal
X-rays, or both, of that person or may be taken by a peace officer,
if others fail to take action, to secure those X-rays.
Notwithstanding any other provision of law, dental or skeletal
X-rays, or both, shall be released by the dentist, physician and
surgeon, or medical facility to the person presenting the request and
shall be submitted within 10 days by that person to the police or
sheriff's department or other law enforcement agency having
jurisdiction over the investigation.  When the person reported
missing has not been found within 30 days and no family or next of
kin exists or can be located, the law enforcement agency may execute
a written declaration, stating that an active investigation seeking
the location of the missing person is being conducted, and that the
dental or skeletal X-rays, or both, are necessary for the exclusive
purpose of furthering the investigation.  Notwithstanding any other
provision of law, the written declaration, signed by a peace officer,
is sufficient authority for the dentist, physician and surgeon, or
medical facility to release the missing person's dental or skeletal
X-rays, or both.
   (2) The form provided under this subdivision shall also state that
if the person reported missing is under 18 years of age, the
completed form shall be taken to the dentist, physician and surgeon,
or medical facility immediately when the law enforcement agency
determines that the disappearance involves evidence that the person
is at risk or when the law enforcement agency determines that the
person missing is under 16 years of age and has been missing at least
14 days.  The form shall further provide that the dental or skeletal
X-rays, or both, and a recent photograph of the missing child shall
be submitted immediately to the law enforcement agency.  Whenever
authorized under this subdivision to execute a written declaration to
obtain the release of dental or skeletal X-rays, or both, is
provided, the investigating law enforcement agency may obtain those
X-rays when a person reported missing is under 18 years of age and
the law enforcement agency determines that the disappearance involves
evidence that the person is at risk.  In each case, the law
enforcement agency may confer immediately with the coroner or medical
examiners and may submit its report including the dental or skeletal
X-rays, or both, within 24 hours thereafter to the Attorney General.
  The Attorney General's office shall code and enter the dental or
skeletal X-rays, or both, into the center.
   (b) When a person reported missing has not been found within 45
days, the sheriff, chief of police, or other law enforcement agency
conducting the investigation for the missing person may confer with
the coroner or medical examiner prior to the preparation of a missing
person report.  The coroner or medical examiner shall cooperate with
the law enforcement agency.  After conferring with the coroner or
medical examiner, the sheriff, chief of police, or other law
enforcement agency initiating and conducting the investigation for
the missing person may submit a missing person report and the dental
or skeletal X-rays, or both, and photograph received pursuant to
subdivision (a) to the Attorney General's office in a format
acceptable to the Attorney General.
   (c) Nothing in this section prohibits a parent or guardian of a
child, reported to a law enforcement agency as missing, from
voluntarily submitting fingerprints, and other documents, to the law
enforcement agency accepting the report for inclusion in the report
which is submitted to the Attorney General.
   (d) The requirements imposed by this section on local police and
sheriff's departments shall not be operative if the governing body of
that local agency, by a majority vote of the members of that body,
adopts a resolution expressly making those requirements inoperative.

